Syllabus
GS Paper 2 – Executive (structure, organization, functioning)
Context
On June 9, President Draupadi Murmu administered oaths to the Central Council of Ministers of the new government.
Source
The Indian Express| Editorial dated 13th June 2024
New Council of Ministers sworn-in: What are the functions of Cabinet Ministers and Ministers of State?
The newly constituted Council of Ministers (CoM) is larger than its previous term, comprising 30 Cabinet Ministers, five Ministers of State (Independent Charge), and 36 Ministers of State. This assembly plays a crucial role in government policy-making and execution, significantly impacting India’s governance and development trajectory.
Constitutional Basis
- Article 74: Mandates a Council of Ministers with the Prime Minister at the head to aid and advise the President.
- Article 75: The President appoints the Prime Minister and, on their recommendation, other ministers. The size of the council should not exceed 15% of the strength of the Lok Sabha.
- Article 88: Empowers ministers to participate in proceedings in both the Lok Sabha and Rajya Sabha, and any Parliamentary committee they are part of, without the right to vote.
Role of the Prime Minister
- Head of CoM: The Prime Minister is the head of the Council of Ministers and is often described as “first among equals.”
- Decision-Making: Responsible for decision-making on important policy issues and unallocated portfolios.
- Portfolios handled currently by PM:
- Ministry of Personnel, Public Grievances, and Pensions
- Department of Atomic Energy
- Department of Space
- Head of the Cabinet Secretariat, NITI Aayog, and the Appointments Committee of the Cabinet.
Cabinet Ministers
- Senior Members: The cabinet ministers are the senior-most members in the council after the Prime Minister.
- Responsibilities: They oversee key ministries and make important policy decisions.
- Notable Positions:
- Home Minister: Amit Shah
- Finance Minister: Nirmala Sitharaman
- Defence Minister: Rajnath Singh
- Minister of Road Transport and Highways: Nitin Gadkari
| Council of Ministers | Cabinet |
| It is a wider body, consisting of 60 to 70 Ministers. | It is a smaller body, consisting of 15 to 20 Ministers. |
| It includes all three categories of ministers – Cabinet Ministers, Ministers of State, and Deputy Ministers. | It includes the Cabinet Ministers only. Thus, it is a sub-set of the Council of Ministers. |
| It does not meet, as a body, to transact government business. Thus, it has no collective functions. | It meets, as a body, frequently and usually once in a week to deliberate and make decisions regarding the transaction of government business. Thus, it has collective functions. |
| It is vested with all powers but in theory. | It exercises, in practice, the powers of the Council of Ministers and thus, acts for the latter. |
| Its functions are determined by the Cabinet. | It directs the Council of Ministers by making policy decisions that are binding on all Ministers. |
| It implements the decisions taken by the Cabinet. | It supervises the implementation of its decisions by the Council of Ministers. |
| It is collectively responsible to the Lower House of the Parliament. | It enforces the collective responsibility of the Council of Ministers to the Lower House of Parliament. |
Ministers of State (Independent Charge)
- Junior members of the COM who administer their respective ministries without oversight from cabinet ministers.
- Responsibilities: They have full control over their ministries and make decisions independently.
- Notable Positions:
- Rao Inderjit Singh: Ministry of Statistics and Programme Implementation, Ministry of Planning.
- Dr. Jitendra Singh: Ministry of Science and Technology.
- Arjun Ram Meghwal: Ministry of Law and Justice.
Ministers of State
- Assist cabinet ministers with the administration of their ministries and are responsible for specific functions delegated by their superiors.
- Roles: They work under the direction of cabinet ministers, especially in crucial ministries like Home, External Affairs, Health, and Education.
- These ministries often have multiple Ministers of State to manage various aspects of the ministry’s operations.
Deputy Ministers
- Deputy Ministers are not given independent charge of Ministries or Departments.
- They are, rather, attached to the Cabinet Ministers or Ministers of State and assist them in their duties.
- They are not members of the Cabinet and do not attend the meetings of the Cabinet.
Parliamentary Secretaries
- Parliamentary Secretaries comprise another category of Ministers. However, they are not members of the Central Council of Ministers (CoM).
- They are appointed by the Prime Minister of India, and not by the President of India.
- They do not have any department under their control. Rather, they are attached to the senior ministers and assist them in performing their duties.
Oaths and Affirmations of Ministers
- The President of India administers the Oath of Office as well as the Oath of Secrecy to the Ministers of the Union Council of Ministers (CoM).
Responsibilities of Ministers
Collective Responsibility
- Article 75: This article outlines the principle of Collective Responsibility for the Union Council of Ministers (CoM), indicating that the CoM is collectively responsible to the Lok Sabha.
- No-Confidence Motion:
- If the Lok Sabha passes a No-Confidence Motion against the CoM, all ministers must resign, including those from the Rajya Sabha.
- Advising the President:
- The CoM can advise the President to dissolve the Lok Sabha if it believes the House does not represent the electorate’s views faithfully and calls for fresh elections.
- The President is not obliged to follow the advice of a CoM that has lost the confidence of the Lok Sabha.
- Cabinet Decisions:
- All ministers are bound by Cabinet decisions, even if they disagree.
- Ministers must support Cabinet decisions both within and outside the Parliament.
- If a minister disagrees with a decision and cannot defend it, they must resign.
Individual Responsibility
- Article 75: This article also provides the principle of Individual Responsibility, stating that ministers hold office during the pleasure of the President.
- Removal by the President:
- The President can remove a minister at any time, even if the CoM enjoys the confidence of the Lok Sabha.
- However, this removal can only occur on the advice of the Prime Minister.
- Prime Minister’s Role:
- In cases of disagreement or dissatisfaction with a minister’s performance, the Prime Minister can ask the minister to resign or advise the President to dismiss them.
- This power helps the Prime Minister enforce the rule of Collective Responsibility within the CoM.
Conclusion
The Central Council of Ministers, led by the Prime Minister, forms the backbone of India’s executive branch, playing a critical role in policy formulation and governance. Understanding the structure, roles, and responsibilities within the CoM is essential for comprehending the functioning of the Indian government and its impact on national and international affairs.
References
Indian Polity by M Laxmikant
Related PYQ
The size of the cabinet should be as big as governmental work justifies and as big as the Prime Minister can manage as a team. How far the efficacy of a government then is inversely related to the size of the cabinet? Discuss. [ UPSC Civil Services Exam – Mains 2014]
Practice Question
Explain the structure and functions of the Central Council of Ministers in India. [150 words]